North Carolina register

              NORTH CAROLINA
REGISTER
Volume 18, Issue 15
Pages 1218 - 1372
February 2, 2004
This issue contains documents officially filed
through January 9, 2004.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
6714 Mail Service Center
Raleigh, NC 27699-6714
(919) 733-2678
FAX (919) 733-3462
Julian Mann III, Director
Camille Winston, Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Julie Brincefield, Editorial Assistant
Linda Dupree, Editorial Assistant
Dana Sholes, Editorial Assistant
IN THIS ISSUE
I. IN ADDITION
Voting Rights Letter.......................................................1218
II. PROPOSED RULES
Commerce
Cemetery Commission ..............................................1219
Justice
Private Protective Services Board ...........................1219 - 1221
Licensing Boards
Funeral Services, Board of........................................1262 - 1268
Massage and Bodywork Therapy, Board of...........1221 - 1249
Medical Board .............................................................1249 - 1262
Nursing, Board of.......................................................1268 - 1276
III. APPROVED RULES ...................................................1277 - 1342
Administration
State Construction Office
Environment and Natural Resources
Environmental Management
Health Services
Health and Human Services
Children’s Services
Medical Care Commission
Labor
Elevator and Amusement Device Division
Wage and Hour
Licensing Boards
Chiropractic Examiners, Board of
Dental Examiners, Board of
Nursing, Board of
Plumbing, Heating & Fire Sprinkler Contractors
State Personnel
State Personnel Commission
Transportation
Highways, Division of
Treasurer
Local Government Commission
IV. RULES REVIEW COMMISSION..........................1343 - 1346
V. CONTESTED CASE DECISIONS
Index to ALJ Decisions.................................................1347 - 1352
Text of Selected Decisions
02 DHR 2212 ..............................................................1353 - 1355
02 INS 1306.................................................................1356 - 1361
03 DHR 0567 ..............................................................1362 - 1365
03 DOJ 1925................................................................1366 - 1369
03 EHR 1125...............................................................1370 - 1372
For the CUMULATIVE INDEX to the NC Register go to:
http://oahnt.oah.state.nc.us/register/CI.pdf
North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC
27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to
the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699-6714.
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
The North Carolina Administrative Code (NCAC) has four major classifications of rules. Three of these, titles, chapters, and sections are
mandatory. The major classification of the NCAC is the title. Each major department in the North Carolina executive branch of
government has been assigned a title number. Titles are further broken down into chapters which shall be numerical in order.
Subchapters are optional classifications to be used by agencies when appropriate.
NCAC TITLES TITLE 21
LICENSING BOARDS
TITLE 24
INDEPENDENT AGENCIES
1 ADMINISTRATION
2 AGRICULTURE & CONSUMER SERVICES
3 AUDITOR
4 COMMERCE
5 CORRECTION
6 COUNCIL OF STATE
7 CULTURAL RESOURCES
8 ELECTIONS
9 GOVERNOR
10A HEALTH AND HUMAN SERVICES
11 INSURANCE
12 JUSTICE
13 LABOR
14A CRIME CONTROL & PUBLIC SAFETY
15A ENVIRONMENT &NATURAL RESOURCES
16 PUBLIC EDUCATION
17 REVENUE
18 SECRETARY OF STATE
19A TRANSPORTATION
20 TREASURER
21* OCCUPATIONAL LICENSING BOARDS
22 ADMINISTRATIVE PROCEDURES
(REPEALED)
23 COMMUNITY COLLEGES
24* INDEPENDENT AGENCIES
25 STATE PERSONNEL
26 ADMINISTRATIVE HEARINGS
27 NC STATE BAR
28 JUVENILE JUSTICE AND DELINQUENCY
PREVENTION
1 Acupuncture
2 Architecture
3 Athletic Trainer Examiners
4 Auctioneers
6 Barber Examiners
8 Certified Public Accountant Examiners
10 Chiropractic Examiners
11 Employee Assistance Professionals
12 General Contractors
14 Cosmetic Art Examiners
16 Dental Examiners
17 Dietetics/Nutrition
18 Electrical Contractors
19 Electrolysis
20 Foresters
21 Geologists
22 Hearing Aid Dealers and Fitters
25 Interpreter/Transliterator (Reserved)
26 Landscape Architects
28 Landscape Contractors
29 Locksmith Licensing Board
30 Massage & Bodywork Therapy
31 Marital and Family Therapy
32 Medical Examiners
33 Midwifery Joint Committee
34 Funeral Service, Board of
36 Nursing
37 Nursing Home Administrators
38 Occupational Therapists
40 Opticians
42 Optometry
44 Osteopathic Examination (Repealed)
45 Pastoral Counselors, Fee-Based Practicing
46 Pharmacy
48 Physical Therapy Examiners
50 Plumbing, Heating & Fire Sprinkler
Contractors
52 Podiatry Examiners
53 Professional Counselors
54 Psychology Board
56 Professional Engineers & Land Surveyors
57 Real Estate Appraisal Board
58 Real Estate Commission
60 Refrigeration Examiners
61 Respiratory Care Board
62 Sanitarian Examiners
63 Social Work Certification
64 Speech & Language Pathologists &
Audiologists
65 Therapeutic Recreation Certification
66 Veterinary Medical Board
68 Substance Abuse Professionals
69 Soil Scientists
1 Housing Finance
2 Agricultural Finance Authority
3 Safety & Health Review
Board
4 Reserved
5 State Health Plan Purchasing
Alliance Board
Note: Title 21 contains the chapters of the various occupational licensing boards and Title 24 contains the chapters of independent agencies.
NORTH CAROLINA REGISTER
Publication Schedule for January 2004 – December 2004
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
(first legislative
day of the next
regular session)
270th day from publication
in the Register
18:13 01/02/04 12/08/03 01/17/04 03/02/04 03/22/04 05/01/04 05/10/04 09/28/04
18:14 01/15/04 12/19/03 01/30/04 03/15/04 03/22/04 05/01/04 05/10/04 10/11/04
18:15 02/02/04 01/09/04 02/17/04 04/02/04 04/20/04 06/01/04 01/26/05 10/29/04
18:16 02/16/04 01/26/04 03/02/04 04/16/04 04/20/04 06/01/04 01/26/05 11/12/04
18:17 03/01/04 02/09/04 03/16/04 04/30/04 05/20/04 07/01/04 01/26/05 11/26/04
18:18 03/15/04 02/23/04 03/30/04 05/14/04 05/20/04 07/01/04 01/26/05 12/10/04
18:19 04/01/04 03/11/04 04/16/04 06/01/04 06/21/04 08/01/04 01/26/05 12/27/04
18:20 04/15/04 03/24/04 04/30/04 06/14/04 06/21/04 08/01/04 01/26/05 01/10/05
18:21 05/03/04 04/12/04 05/18/04 07/02/04 07/20/04 09/01/04 01/26/05 01/28/05
18:22 05/17/04 04/26/04 06/01/04 07/16/04 07/20/04 09/01/04 01/26/05 02/11/05
18:23 06/01/04 05/10/04 06/16/04 08/02/04 08/20/04 10/01/04 01/26/05 02/26/05
18:24 06/15/04 05/24/04 06/30/04 08/16/04 08/20/04 10/01/04 01/26/05 03/12/05
19:01 07/01/04 06/10/04 07/16/04 08/30/04 09/20/04 11/01/04 01/26/05 03/28/05
19:02 07/15/04 06/23/04 07/30/04 09/13/04 09/20/04 11/01/04 01/26/05 04/11/05
19:03 08/02/04 07/12/04 08/17/04 10/01/04 10/20/04 12/01/04 01/26/05 04/29/05
19:04 08/16/04 07/26/04 08/31/04 10/15/04 10/20/04 12/01/04 01/26/05 05/13/05
19:05 09/01/04 08/11/04 09/16/04 11/01/04 11/22/04 01/01/05 01/26/05 05/29/05
19:06 09/15/04 08/24/04 09/30/04 11/15/04 11/22/04 01/01/05 01/26/05 06/12/05
19:07 10/01/04 09/10/24 10/16/04 11/30/04 12/20/04 02/01/05 05/00/06 06/28/05
19:08 10/15/04 09/24/04 10/30/04 12/14/04 12/20/04 02/01/05 05/00/06 07/12/05
19:09 11/01/04 10/11/04 11/16/04 12/31/04 01/20/05 03/01/05 05/00/06 07/29/05
19:10 11/15/04 10/22//04 11/30/04 01/14/05 01/20/05 03/01/05 05/00/06 08/12/05
19:11 12/01/04 11/05/04 12/16/04 01/31/05 02/21/05 04/01/05 05/00/06 08/28/05
19:12 12/15/04 11/22/04 12/30/04 02/14/05 02/21/05 04/01/05 05/00/06 09/11/05
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing
for any issue is 15 days before the issue date
excluding Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The
hearing date shall be at least 15 days after the date a
notice of the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a
proposed rule for at least 60 days after the text is
published or until the date of any public hearings held
on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES
REVIEW COMMISSION: The Commission shall
review a rule submitted to it on or before the
twentieth of a month by the last day of the next
month.
FIRST LEGISLATIVE DAY OF THE NEXT
REGULAR SESSION OF THE GENERAL
ASSEMBLY: This date is the first legislative day of
the next regular session of the General Assembly
following approval of the rule by the Rules Review
Commission. See G.S. 150B-21.3, Effective date of
rules.
IN ADDITION
18:15 NORTH CAROLINA REGISTER February 2, 2004
1218
This Section contains public notices that are required to be published in the Register or have been approved by the Codifier of
Rules for publication.
U.S. Department of Justice
Civil Rights Division
JDR:JR:MDS:HEW:hew:jdh Voting Section – NWB.
DJ 166-012-3 950 Pennsylvania Ave., NW
2003-4072 Washington, D.C. 20530
2003-4710
December 30, 2003
George A. Weaver, Esq.
113 East Nash Street, Suite 404
Wilson, NC 27893
Dear Mr. Weaver:
This refers to the county's conduct of the Town of Saratoga's municipal elections, and the temporary polling place change and
change in voting method for No-Excuse One Stop Voting for Wilson County, North Carolina, submitted to the Attorney General
pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on November 3, 2003.
The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes.
See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).
Sincerely,
Joseph D. Rich
Chief, Voting Section
PROPOSED RULES
18:15 NORTH CAROLINA REGISTER February 2, 2004
1219
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 4 – DEPARTMENT OF COMMERCE
Notice is hereby given in accordance with G.S. 150B-21.2 that
the North Carolina Cemetery Commission intends to amend the
rule cited as 04 NCAC 05A .0106.
Proposed Effective Date: June 1, 2004
Public Hearing:
Date: February 25, 2004
Time: 10:00 a.m.
Location: 1110 Navaho Drive, Raleigh, NC 27609
Reason for Proposed Action: The North Carolina Cemetery
Commission is a receipt supported agency. The Commission has
not raised fees in over fifteen years. The Commission has been
taking in less cash receipts than cash disbursements for several
years and will soon be out of funds to operate. This amendment
addresses that problem by raising fees as already allowed under
G.S. 65-54.
Procedure by which a person can object to the agency on a
proposed rule: Written comments can be mailed to Valinda
Barnes, North Carolina Cemetery Commission, 1001 Navaho
Drive, Suite 100, Raleigh, NC 27609, (919)981-2536.
Written comments may be submitted to: Valinda Barnes,
North Carolina Cemetery Commission, 1001 Navaho Drive,
Suite 100, Raleigh, NC 27609.
Comment period ends: April 2, 2004
Procedure for Subjecting a Proposed Rule to Legislative
Review: Any person who objects to the adoption of a permanent
rule may submit written comments to the agency. A person may
also submit written objections to the Rules Review Commission.
If the Rules Review Commission receives written and signed
objections in accordance with G.S. 150B-21.3(b2) from 10 or
more persons clearly requesting review by the legislature and the
Rules Review Commission approves the rule, the rule will
become effective as provided in G.S. 150B-21.3(b1). The
Commission will receive written objections until 5:00 p.m. on
the 6th business day preceding the end of the month in which a
rule is approved. The Commission will receive those objections
by mail, delivery service, hand delivery, or facsimile
transmission. If you have any further questions concerning the
submission of objections to the Commission, please call a
Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
CHAPTER 5 - CEMETERY COMMISSION
SUBCHAPTER 5A - ORGANIZATION
SECTION .0100 - GENERAL INFORMATION
04 NCAC 05A .0106 FEES
In addition to the licensing and penalty fees provided by statute
to this commission, the following fees are provided after May 3,
1993: June 1, 2004:
(1) One dollar ($1.00) Two dollars ($2.00) per
grave space, mausoleum crypt, and niche when
deeded;
(2) Four dollars ($4.00) Five dollars ($5.00) per
vault when contracted;
(3) Four dollars ($4.00) Five dollars ($5.00) per
each crypt in a bank of below ground crypts or
lawn crypt garden when contracted.
contracted before completion or one dollar
($1.00) per each crypt when contracted after
completion. An additional one dollar ($1.00)
two dollars ($2.00) shall be paid for each crypt
when deeded as provided in Item 1 of this
Rule;
(4) Four dollars ($4.00) Five dollars ($5.00) per
pre-need memorial;
(5) Four dollars ($4.00) Five dollars ($5.00) per
pre-constructed mausoleum crypt or niche
when contracted. contracted before completion
or one dollar ($1.00) per crypt or niche when
contracted after completion. An additional one
dollar ($1.00) two dollars ($2.00) shall be paid
for each crypt or niche when deeded as
provided in Item 1 of this Rule;
(6) All at need merchandise, cash or credit sales,
do not require any assessments;
(7) One dollar ($1.00) Five dollars ($5.00) per
preneed opening and closing of a grave space.
Authority G.S. 65-49; 65-54; 150B-19.
TITLE 12 – DEPARTMENT OF JUSTICE
Notice is hereby given in accordance with G.S. 150B-21.2 that
the N.C. Private Protective Services Board intends to adopt the
rules cited as 12 NCAC 7D .0907-.0909 and amend the rules
cited as 12 NCAC 7D .0901, .0903.
PROPOSED RULES
18:15 NORTH CAROLINA REGISTER February 2, 2004
1220
Proposed Effective Date: August 1, 2004
Public Hearing:
Date: February 17, 2004
Time: 2:00 p.m.
Location: PPSB Conference Rm., 1631 Midtown Pl., Suite 104,
Raleigh, NC
Reason for Proposed Action: The Board has determined that it
is in the interest of the public and the industry to formalize the
requirements to obtain an unarmed guard trainer certificate.
The training requirements currently are set forth in the training
program for certified trainers that has been approved by both
the Board and the Attorney General pursuant to G.S. 74C-13(1).
Further, the Board is amending the requirements for a firearms
trainer certificate to require successful completion of the
unarmed training prior to completing the armed training
requirements.
Procedure by which a person can object to the agency on a
proposed rule: Comments may be submitted to the Board in
writing and addressed to the W. Wayne Woodard, Private
Protective Services Board, 1631 Midtown Place, Suite 104,
Raleigh, NC 27609.
Written comments may be submitted to: W. Wayne Woodard,
1631 Midtown Place, Suite 104, Raleigh, NC 27609
Comment period ends: April 3, 2004
Procedure for Subjecting a Proposed Rule to Legislative
Review: Any person who objects to the adoption of a permanent
rule may submit written comments to the agency. A person may
also submit written objections to the Rules Review Commission.
If the Rules Review Commission receives written and signed
objections in accordance with G.S. 150B-21.3(b2) from 10 or
more persons clearly requesting review by the legislature and the
Rules Review Commission approves the rule, the rule will
become effective as provided in G.S. 150B-21.3(b1). The
Commission will receive written objections until 5:00 p.m. on
the 6th business day preceding the end of the month in which a
rule is approved. The Commission will receive those objections
by mail, delivery service, hand delivery, or facsimile
transmission. If you have any further questions concerning the
submission of objections to the Commission, please call a
Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
CHAPTER 7 - PRIVATE PROTECTIVE SERVICES
BOARD
SUBCHAPTER 7D – PRIVATE PROTECTIVE BOARD
SECTION .0900 - TRAINER CERTIFICATE
12 NCAC 07D .0901 REQUIREMENTS FOR A
FIREARMS TRAINER CERTIFICATE
Firearms trainer applicants shall:
(1) meet the minimum standards established by 12
NCAC 07D .0703;
(2) have a minimum of one year supervisory
experience in security with a contract security
company or proprietary security organization,
or one year experience with any federal, U.S.
military, state, county or municipal law
enforcement agency;
(3) attain a 90 percent score on a firearm's course
approved by the Board and the Attorney
General, with a copy of the firearm's course
certificate to be kept on file in the
administrator's office; and
(4) successfully complete a training course
approved by the Board and the Attorney
General which shall consist of a minimum of
40 hours of classroom and practical range
training in handgun and shotgun safety and
maintenance, range operations, night firearm
training, control and safety procedures, and
methods of handgun and shotgun firing. firing;
(5) the applicants registration fee; and
(6) successfully complete the requirements of a
Unarmed Trainer Certificate established by 12
NCAC 07D .0907.
Authority G.S. 74C-5; 74C-13.
12 NCAC 07D .0903 FEES FOR TRAINER
CERTIFICATE
(a) Firearms trainer Trainer certificate fees are as follows:
(1) forty dollar ($40.00) non-refundable initial
application fee (this fee shall not apply to
unarmed trainer applicants); and
(2) twenty-five dollar ($25.00) biennial fee for a
new or renewal firearms trainer certificate.
(b) Fees shall be paid in the form of a check or money order
made payable to the Private Protective Services Board.
Authority G.S. 74C-9.
12 NCAC 07D .0907 UNARMED GUARD TRAINER
CERTIFICATE
To receive an unarmed guard trainer certificate, an applicant
shall meet the following requirements:
(1) comply with the requirements of 12 NCAC
07D .0703;
(2) have a minimum of one year experience in
security with contract security company or
proprietary security organization, or one year
experience with any federal, U.S. military,
state, county or municipal law enforcement
agency;
(3) successfully complete a training course
approved by the Board and the Attorney
General which shall consist of a minimum of
24 hours classroom, instruction to include the
following topic areas:
PROPOSED RULES
18:15 NORTH CAROLINA REGISTER February 2, 2004
1221
(a) civil liability for the security trainer -
two hours;
(b) interpersonal communications in
instruction – three hours;
(c) teaching adults – four hours;
(d) principles of instruction - one hour;
(e) methods and strategies of instruction
- one hour;
(f) principles of instruction: audio-visual
aids – three hours, and student
performance: 45 minute presentation,
or possess a Criminal Justice General
Instructor Certificate from North
Carolina Criminal Justice Education
and Training Standards Commission
or any training certification approved
by the Director of PPS. The Board
may require any additional training it
deems necessary;
(4) favorable recommendation from licensee; and
(5) comply with the application process for an
Unarmed Trainer Certificate as set forth in 12
NCAC 07D .0908.
Authority G.S. 74C-8; 74C-9; 74C-11; 74C-13.
12 NCAC 07D .0908 APPLICATION FOR AN
UNARMED GUARD TRAINER CERTIFICATE
Each applicant for an Unarmed Guard Trainer certificate shall
submit a Board approved application. The application should be
accompanied by:
(1) the applicants registration fee; and
(2) a certificate of successful completion of the
training required. This training shall have
been completed within 120 days of the
submission of the application or current
certificate of other acceptable certification.
Authority G.S. 74C-8; 74C-9; 74C-11; 74C-13.
12 NCAC 07D .0909 RENEWAL OF AN UNARMED
GUARD TRAINER CERTIFICATE
Each applicant for renewal of an unarmed guard trainer
certificate shall complete a renewal form approved by the board.
This form shall be submitted not less than 30 days prior to the
expiration of the applicant’s current certificate. In additions, the
applicant shall include the following:
(1) the applicants registration fee;
(2) certification of a minimum of 8 hours of
instruction performed during past one year;
and
(3) statement verifying the classes taught for the
prior year on a form approved by the Board.
Authority G.S. 74C-8; 74C-9; 74C-11; 74C-13.
TITLE 21 – OCCUPATIONAL LICENSING BOARDS
CHAPTER 30 - NC BOARD OF MASSAGE AND
BODYWORK THERAPY
Notice is hereby given in accordance with G.S. 150B-21.2 that
the North Carolina Board of Massage and Bodywork Therapy
intends to adopt the rules cited as 21NCAC 30 .0205-0206,
.0507-.0515, .0605-.0633, .0703-.0704 and amend the rules cited
as 21 NCAC 30 .0102, .0203-.0204, .0301-.0303, .0404, .0501-
.0506, .0601-.0604, .0701, .0702, .0901-.0905.
Proposed Effective Date: July 1, 2004
Public Hearing:
Date: February 18, 2004
Time: 9:00 a.m.-2:00 p.m.
Location: 150 Fayetteville Street Mall, Ste. 1300, Raleigh, NC
Reason for Proposed Action: To update rules to current
definitions, practices, and financial requirements and make
technical, grammatical changes.
Procedure by which a person can object to the agency on a
proposed rule: Write to NCBMBT at P.O. Box 2539, Raleigh,
NC 27602
Written comments may be submitted to: Charles P. Wilkins,
P.O. Box 2539, Raleigh, NC 27602
Comment period ends: April 2, 2004
Procedure for Subjecting a Proposed Rule to Legislative
Review: Any person who objects to the adoption of a permanent
rule may submit written comments to the agency. A person may
also submit written objections to the Rules Review Commission.
If the Rules Review Commission receives written and signed
objections in accordance with G.S. 150B-21.3(b2) from 10 or
more persons clearly requesting review by the legislature and the
Rules Review Commission approves the rule, the rule will
become effective as provided in G.S. 150B-21.3(b1). The
Commission will receive written objections until 5:00 p.m. on
the 6th business day preceding the end of the month in which a
rule is approved. The Commission will receive those objections
by mail, delivery service, hand delivery, or facsimile
transmission. If you have any further questions concerning the
submission of objections to the Commission, please call a
Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
SECTION .0100 - ORGANIZATION AND GENERAL
PROVISIONS
21 NCAC 30 .0102 DEFINITIONS
In addition to the definitions set forth in G.S. 90-622(1) through
(5), the following definitions apply:
(1) Practice Act. -- Article 36, Chapter 90 of the
North Carolina General Statutes: The North
PROPOSED RULES
18:15 NORTH CAROLINA REGISTER February 2, 2004
1222
Carolina Massage and Bodywork Therapy
Practice Act.
(2) Licensee. -- A person who holds a valid
license issued by the Board to engage in the
practice of massage and bodywork therapy.
(3) Reciprocity. -- Pursuant to G.S. 90-630, a
provision which shall apply only to qualified
practitioners of massage and bodywork
therapy who reside outside the State; or
qualified practitioners who have resided in the
State for not more than one hundred eighty
(180) days.
(4)(3) Place of business. -- The primary street
location where the licensee provides massage
and bodywork therapy. If the licensee provides
massage and bodywork therapy only at the
location of clients, then it shall be the
residence street address of the licensee.
(5)(4) Malpractice. -- Professional misconduct or
unreasonable lack of skill. Conduct that is in
variance with the Standards of Practice set
forth in Section .0500.
(6)(5) Gross negligence. -- The intentional failure to
perform a manifest duty in reckless disregard
of the consequences as affecting the life or
property of another.
(7)(6) Incompetency. -- Conduct which that
evidences a lack of ability, fitness or
knowledge to apply principles or skills of the
profession of massage and bodywork therapy.
(8) Sexual activity. -- Any direct or indirect
physical contact, or verbal communication, by
any person or between persons which is
intended to erotically stimulate either person,
or which is likely to cause such stimulation
and includes sexual intercourse, fellatio,
cunnilingus, masturbation or anal intercourse.
As used herein, masturbation means the
manipulation of any body tissue with the intent
to cause sexual arousal. Sexual activity can
involve the use of any device or object and is
not dependent on whether penetration, orgasm
or ejaculation has occurred.
(9)(7) Therapeutic, educational, or relaxation
purposes. -- Pursuant to G.S. 90-622(3), that
which is intended to positively affect the
health and well-being of the client, and which
that does not include sexual activity, as
defined in Rule .0102(8). .0508.
Authority G.S. 90-622; 90-626(9)
SECTION .0200 - APPLICATION FOR LICENSE
21 NCAC 30 .0203 EXEMPTIONS FROM
LICENSURE
(a) Persons who are utilizing certain therapeutic techniques may
claim exemption from licensure pursuant to G.S. 90-624 (6) or
(7) only by meeting one of the following criteria:
(1) Such persons are solely practicing techniques
which that are defined by national
organizations which that meet the criteria for
exemption set forth in either G.S. 90-624 (6)
or (7); or
(2) Such persons are solely practicing techniques
which that do not involve any contact with the
body of the client; or
(3) Such persons are solely practicing techniques
which that involve resting the hands on the
surface of the client’s body without delivering
pressure to or manipulation of the soft tissues.
(b) Persons who are utilizing exempt techniques along with the
practice of massage or bodywork therapy, as defined in G.S. 90-
622(3), are not considered to be exempt and will be required to
be licensed.
(c) Pursuant to G.S. 90-623, such exempted practitioners may
not hold themselves out to be a massage and bodywork therapist;
they may not utilize or promote themselves or their services
using such terms as “massage, massage therapy, bodywork,
bodywork therapy,” or any other derivative term which that
implies a soft tissue technique or method.
(d)Services such as herbal body wraps, skin exfoliating
treatments or the topical application of products to the skin for
beautification purposes are not considered to be the practice of
massage and bodywork therapy, as long as such services do not
involve direct manipulation of the soft tissues of the body. Those
who are utilizing such techniques along with the practice of
massage or bodywork therapy are not considered exempt and
will be required to be licensed.
Authority G.S. 90-624; 90-626.
21 NCAC 30 .0204 FEES
(a) Fees are as follows:
(1) Request for License Application
Package $20.00
(2) License fee 150.00
(3) License renewal 100.00
(4) Late renewal penalty 75.00
(5) Duplicate license 25.00
(6) Provisional license 150.00
Application fee for examination of educational
credentials
from non-Board-approved schools
(7) Investigation of applicant’s
background 150.00
(b) Fees shall be nonrefundable and shall be paid in the form of
a cashier's check, certified check or money order made payable
to the North Carolina Board of Massage and Bodywork Therapy.
Personal checks shall be accepted for payment of renewal fees.
(c) A personal check returned for insufficient funds is shall be
grounds for a letter of reprimand.
Authority G.S. 90-626(8); 90-628.
21 NCAC 30 .0205 TERM OF LICENSE
(a) Pursuant to G.S. 90-632, a license to practice massage and
bodywork therapy shall be granted for a term of two years,
beginning on January 1.
(b) Initial applications for licensure submitted between October
1 and December 31 shall be granted for two full years, plus the
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18:15 NORTH CAROLINA REGISTER February 2, 2004
1223
additional period of up to three months. Initial applications
submitted between January 1 and September 30 shall pay the full
fee, but the initial license period shall be two years, minus the
period following January 1.
Authority G.S. 90-626(9); 90-632.
21 NCAC 30 .0206 BACKGROUND
INVESTIGATION REQUIRED FOR APPLICANT
(a) If the Board determines that an applicant for licensure has a
charge of a criminal offense, civil lawsuit, domestic violence,
termination from employment, dismissal from an educational
institution, or disciplinary action regarding another occupational
license or certification, the Board shall investigate the applicant's
background.
(b) At the request of the Board, the applicant shall provide all
documentation related to the event(s), and shall pay the
additional fee set forth in Rule .0204(7) to cover the Board's
costs of such investigation.
Authority G.S. 90-626(2); 90-629(3).
SECTION .0300 - LICENSING
21 NCAC 30 .0301 PROFESSIONAL
DESIGNATIONS
(a) All licensees shall use the professional title, "Licensed
Massage and Bodywork Therapist," or the letters "L.M.B.T."
when they are holding themselves out to be a licensee in their
professional communications.
(b) Licensees shall not use any other letters or abbreviations
after their name when they are holding themselves out to be a
licensee in their professional communications, except those
which that are conveyed by a degree from an accredited post-secondary
institution, a license from another occupational
licensing board, or certification from an agency which that is
approved by the National Commission on Certifying Agencies.
(c) Licensees may also use other words descriptive of their
work, consistent with Rule .0501(1), such as areas of clinical
specialty, in addition to their primary identification as a
Licensed Massage and Bodywork Therapist.
Authority G.S. 90-623(c); 90-626(9).
21 NCAC 30 .0302 DISPLAY OF LICENSE
A license shall be displayed in a prominent place at the licensee's
primary place of business so as to be visible for inspection. A
licensee Licensees providing massage and bodywork therapy
outside their primary business location, or at the location of
clients, shall have their licensure card a copy of their license
available for inspection upon request.
Authority G.S. 90-626-(9).
21 NCAC 30 .0303 LICENSE RENEWAL
(a) Any licensee desiring the renewal of a license shall comply
with all continuing education requirements, shall apply for
renewal and shall submit the required fee.
(b) A license which that has not been renewed prior to its
expiration date is considered lapsed expired.
(c) Licenses lapsed expired in excess of twenty four (24) 24
months are expired and shall not be not renewable. Persons
whose licenses have expired and who desire to be licensed shall
not be entitled to renew their license but shall apply been expired
for more than 24 months must apply for a new license.
(d) Any person whose license has lapsed or expired and who
engages in any massage and bodywork therapy activities
governed by the Practice Act will be subject to the penalties
prescribed in Rule .0905 herein. G.S. 90-643 and G.S. 90-634.1.
Authority G.S. 90-626(3).
SECTION .0400 - BUSINESS PRACTICES
21 NCAC 30 .0404 ADVERTISING
(a) Any advertisement of massage and bodywork therapy
services in any advertising medium as defined herein shall
include the licensee���s name and license number, whether or not a
trade name is used.
(b) Advertising medium shall be defined as any form of written,
printed, broadcast or computer-based advertising, or other
promotional materials, except a telephone directory listing for
which no additional advertising charge is made.
(c) A business or establishment which that employs or contracts
with massage and bodywork therapists licensed by the Board
may advertise on behalf of those licensees, by complying with
the requirements of this section. Rule. As an alternative to the
requirement of Paragraph (a) of this Rule, such business or
establishment may indicate the listing of the service itself in
advertising or other promotional materials, accompanied by the
exact phrase: "Provided by North Carolina Licensed Massage
and Bodywork Therapists." In this phrase, "North Carolina" may
be abbreviated as "N.C."
Authority G.S. 90-623(c); 90-626(9).
SECTION .0500 - STANDARDS OF PRACTICE
21 NCAC 30 .0501 PURPOSE
This Code of Ethics establishes standards for the practice of
massage and bodywork therapy which are intended to protect
the public health, safety and welfare, to preserve the integrity of
the profession, and to allow for the proper discharge of
responsibilities to those served. Licensees shall have a
commitment to provide the highest quality of care to those who
seek their professional services, and shall:
(1) Represent their qualifications, credentials and
professional affiliations accurately, and
provide only those services which they are
qualified to perform;
(2) Inquire as to the health status of each client
before treatment to determine whether there
are contraindications for the application of
massage and bodywork therapy;
(3) Inform clients, other health care practitioners
and the public of the scope and limitations of
the practice of massage and bodywork therapy,
and refer clients to appropriate health care
practitioners whenever indicated;
(4) Maintain the confidentiality of all client
information, unless disclosure is consented to
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18:15 NORTH CAROLINA REGISTER February 2, 2004
1224
by the client, required by law or by court
order;
(5) Obtain and document the informed consent of
the client before providing treatment. Informed
consent may be given in written or verbal
form;
(6) Provide draping and treatment in a way that
ensures the safety, comfort and privacy of the
client;
(7) Respect the client’s right to refuse, modify or
terminate treatment regardless of prior consent
given;
(8) Refrain from initiating or engaging in any
sexual activity involving a client, as defined in
Rule .0102(8);
(9) Refuse any gifts or benefits which are intended
to influence a referral, decision or treatment
that are primarily for personal gain and not for
the good of the client.
(10) Inform the Board of any violation of the
Practice Act or Rules and Regulations
These standards establish basic requirements for the safe and
effective practice of massage and bodywork therapy. They are
intended to protect the public, to preserve the integrity of the
profession, and to allow for the proper discharge of
responsibilities to those served.
Authority G.S. 90-621; 90-626(9).
21 NCAC 30 .0502 GENERAL REQUIREMENTS
(a) The practice of massage and bodywork therapy shall be
conducted in facilities which are safe and sanitary. Licensees
shall maintain their treatment facilities according to the
following standards:
(1) Comply with all local building code
requirements;
(2) Comply with all state fire safety codes;
(3) Comply with all state health inspection codes;
(4) Maintain all equipment used in the practice of
massage and bodywork therapy in a safe and
sanitary condition;
(5) Launder or sanitize, before reuse, all materials
furnished for the personal use of the client,
including towels and linens;
(6) Provide adequate toilet and lavatory facilities
for the client;
(7) If equipped with a whirlpool bath, sauna,
steam cabinet, or steam room, maintain
adequate and clean shower facilities on the
premises;
(8) Maintain a lavatory for hand cleansing, or
have available a chemical germicidal product
designed to disinfect and cleanse hands
without the use of a lavatory.
(b) For treatments which are given at the location of a client,
only standards (4), (5) and (8) above, apply. For treatments
which are given at a temporary location lasting not more than
five (5) days such as a trade show, sporting event or community
festival, only standards (4) and (8) above, apply.
In the practice of massage and bodywork therapy, licensees
shall:
(1) provide only those services that they have the
training and practical experience to perform,
and that are designed to benefit the health and
well-being of the client;
(2) deliver treatment in a manner that respects
each client's individuality and dignity, and that
ensures their safety, comfort and privacy;
(3) inform clients of the scope and limitations of
massage and bodywork therapy; and
(4) respect the traditions and practices of other
health care practitioners, and not falsely
impugn the reputation of any colleague.
Authority G.S. 90-626(9).
21 NCAC 30 .0503 CLIENT ASSESSMENT AND
INFORMED CONSENT
Licensees shall maintain a professional standard of hygiene in
the practice of massage and bodywork therapy.
(1) Before and after each treatment, licensees shall
cleanse and disinfect their hands, using a
lavatory or a chemical germic idal product.
(2) Licensees shall maintain a barrier of unbroken
skin on their hands, forearms and elbows at all
times. In the case of broken skin, the licensee
shall use a finger cot, glove or chemical barrier
product to cover the affected area during
treatment.
Before providing treatment, licensees shall:
(1) determine the health status of each client to
identify whether there are contraindications for
the application of massage and bodywork
therapy;
(2) assess the needs and expectations of the client,
develop a plan of care, and update the plan as
needed for succeeding treatments;
(3) obtain and document in writing the informed
consent of the client. For the purposes of this
Section, "informed consent" means the
therapist has informed the client as to the
nature and purpose of the service to be
provided, what such treatment is likely to
include, what treatment shall not include, and
the client acknowledges that he or she
understands the terms under which the
treatment is being provided and voluntarily
agrees to receive such treatment. Following
the initial treatment with a therapist, the client
may give verbal consent on successive visits
within a 12 month period;
(4) respect the client's right to refuse, modify or
terminate treatment regardless of prior consent
given; and
(5) only modify the plan of care with the informed
consent of the client.
Authority G.S. 90-626(9).
21 NCAC 30 .0504 PROGRESS NOTES;
REFERRALS
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18:15 NORTH CAROLINA REGISTER February 2, 2004
1225
(a) Licensees shall maintain a sufficient supply of clean drapes,
for the purpose of draping each client during treatment. As used
herein, “drapes” mean towels, sheets, gowns or other appropriate
coverings.
(b) Before proceeding with a treatment, licensees shall explain
expected draping techniques to the client and provide the client
with a clean drape for the purpose of ensuring their safety,
comfort and privacy.
(c) The requirements of (a) and (b), above, do not apply in the
case of treatments where the client does not disrobe.
On an ongoing basis, the licensee shall:
(1) maintain written client progress notes on each
treatment, including the date of service, needs
assessment, plan of care, observations made
and actions taken by the licensee;
(2) refer the client to other health care
practitioners or other professional service
providers when in the best interest of the client
and/or licensee; and
(3) follow recommendations for the plan of care
when receiving a client referral from a medical
care provider.
Authority G.S. 90-626(9).
21 NCAC 30 .0505 CONFIDENTIALITY, ROLES
AND BOUNDARIES
(a) Sexual activity with a client, as defined in Rule .0102(8), is
prohibited where the practice of massage and bodywork therapy
is conducted.
(b) No licensee shall engage in or permit any person or persons
to engage in sexual activity with a client in a location where the
practice of massage and bodywork therapy is conducted, or use
such location to make arrangements to engage in sexual activity
in any other place.
(c) Licensees shall not use the therapist-client relationship to
engage in sexual activity with any client or to make
arrangements to engage in sexual activity with any client.
In managing the client/therapist relationship, licensees shall:
(1) maintain the confidentiality of all client
information, unless written disclosure is
consented to by the client, or required by law
or by court order; this shall include protecting
the client’s identity in all social conversations,
advertis ements, and in any other manner;
(2) maintain client records in such a manner as to
prevent unauthorized access or damage for the
entire term of the client/therapist relationship,
and for at least four years after the termination
of such relationship;
(3) dispose of client records in a secure manner;
(4) protect the interests of clients who are minors
or who are unable to give informed consent by
securing permission from an authorized third
party or guardian;
(5) avoid relationships with the client that could
impair professional judgment or result in
exploitation of the client;
(6) solicit only information about the client that is
relevant to the professional relationship;
(7) recognize and limit the impact of transference
and counter transference between client and
therapist; and
(8) refrain from promoting products or services to
the client that are not related to the plan of
care.
Authority G.S. 90-626(9).
21 NCAC 30 .0506 DRAPING REQUIREMENTS
(a) All licensees are under a continuing duty to report to the
Board any and all of the following by themselves or by other
licensees:
(1) Charges of, convictions of, or pleas of guilty
or no contest to a felony;
(2) Charges of, convictions of, or pleas of guilty
or no contest to any crime that involves moral
turpitude;
(3) Charges of, convictions of, or pleas of guilty
or no contest to any alcohol or drug-related
offense.
(b) All licensees are under a continuing duty to report to the
Board if they are named as a defendant in a civil suit arising out
of a licensee's practice of massage and bodywork therapy.
(c) A licensee must report a charge, conviction, plea in a
criminal case, or involvement as a defendant in a civil suit, as set
forth in (a) and (b), above, within thirty (30) days after it occurs.
Licensees shall adhere to the following requirements, except in
the case of treatments where the client remains fully clothed;
(1) provide draping in a manner that ensures the
safety, comfort and privacy of the client;
(2) maintain a supply of clean drapes, such as
towels, sheets, gowns or other coverings, for
the purpose of draping the client's body during
treatment;
(3) explain expected draping procedures to the
client before treatment; and
(4) ensure that the following areas are draped
during treatment: the gluteal and genital areas
for male and female clients, and the breast area
for female clients. With voluntary and
informed consent of the client, the gluteal and
breast drapes may be temporarily moved in
order to perform therapeutic treatment to
structures in those areas.
Authority G.S. 90-626(9).
21 NCAC 30 .0507 HYGIENE
To maintain a professional standard of hygiene in their practice,
licensees shall:
(1) cleanse and disinfect their hands before and
after each treatment, using a lavatory with hot
water or a chemical germicidal product;
(2) maintain a barrier of unbroken skin on their
hands, forearms and elbows at all times; in the
case of broken skin, licensees shall use a
finger cot, glove or chemical barrier product to
cover the affected area during treatment;
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18:15 NORTH CAROLINA REGISTER February 2, 2004
1226
(3) wear clothing that is clean, modest and
professional; maintain personal hygiene; wear
hair in a manner so as not to touch the client.;
(4) maintain all equipment used in the practice of
massage and bodywork therapy in a safe and
sanitary condition; and
(5) utilize only those materials furnished for the
personal use of the client, including towels,
linens, or gowns, that have been laundered or
sanitized before reuse, or that are single-use
items disposed of after treatment.
Authority G.S. 90-626(9).
21 NCAC 30 .0508 SEXUAL ACTIVITY DEFINED
For the purposes of this Chapter, "sexual activity" shall mean
any direct or indirect physical contact, or verbal communication,
by any person or between persons which is intended to erotically
stimulate either person, or which is likely to cause such
stimulation and includes sexual intercourse, fellatio, cunnilingus,
masturbation or anal intercourse. As used herein, masturbation
means the manipulation of any body tissue with the intent to
cause sexual arousal. Sexual activity can involve the use of any
device or object and is not dependent on whether penetration,
orgasm or ejaculation has occurred.
Authority G.S. 90-626(9).
21 NCAC 30 .0509 SEXUAL ACTIVITY
PROHIBITED
To preserve the safety and integrity of the therapeutic
relationship, the following requirements shall apply from the
beginning of the client/therapist relationship, and continue for a
period of at least six months after the termination of such
relationship. Licensees shall:
(1) not engage in sexual activity, as defined in
Rule .0508 of this Section between the
licensee and the client, whether such activity is
consensual or otherwise;
(2) not engage in or permit any person or persons
to engage in sexual activity with a client in a
location where the practice of massage and
bodywork therapy is conducted, or to use such
location to make arrangements to engage in
sexual activity with a client in any other place;
and
(3) clearly define the boundaries of the
professional relationship in the event that the
client initiates or asks the licensee to engage in
sexual activity.
Authority G.S. 90-626(9).
21 NCAC 30 .0510 PROVIDING OR TERMINATING
SERVICE
Licensees shall have the right to provide therapeutic services to
whom they choose. Licensees shall also have the right to refuse
treatment, or to terminate a treatment in progress to protect their
own safety and well-being, including situations such as:
(1) a client who is abusive, under the influence of
alcohol, drugs, or any illegal substance, or
otherwise impaired; or
(2) a client who has violated the boundaries of the
professional relationship by initiating or
asking the licensee to engage in sexual
activity.
Authority G.S. 90-626(9).
21 NCAC 30 .0511 BUSINESS AND ETHICAL
REQUIREMENTS
In the management and promotion of their practices, licensees
shall;
(1) represent their qualifications, credentials and
professional affiliations accurately and
completely;
(2) conduct their business affairs with integrity
and avoid actual or potential conflicts of
interest;
(3) refuse any gifts or benefits that are intended to
influence a referral, decision or treatment that
are primarily for personal gain and not for the
good of the client;
(4) adhere to the advertising requirements of Rule
.0404 of this Chapter, and promote their
practices accurately, avoiding language or
images that are misleading, provocative,
sexual, or sensational;
(5) provide the client with information on their
business policies before commencing
treatment, including a list of services available
and fees charged, payment arrangements,
appointment scheduling and cancellation
requirements; discuss and resolve any
questions the client may have about such
policies;
(6) accept gratuities in addition to the stated fee
for treatment only in settings where such
practice is customary and known to the client
in advance of treatment;
(7) follow generally accepted accounting
practices;
(8) maintain accurate financial records, client
records, appointment records, contracts, and
legal obligations for at least four years; and
(9) comply with all applicable municipal, state,
and federal laws.
Authority G.S. 90-626-(9).
21 NCAC 30 .0512 IMPAIRMENT
In the practice of massage and bodywork therapy, licensees shall
not provide therapeutic services to clients when under the
influence of alcohol, drugs, or any illegal substance, with the
exception of prescribed dosage of a prescription medication that
does not impair the cognitive, psychological, or motor capacity
of the licensee.
Authority G.S. 90-626(9).
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18:15 NORTH CAROLINA REGISTER February 2, 2004
1227
21 NCAC 30 .0513 FACILITY REQUIREMENTS
The practice of massage and bodywork therapy shall be
conducted in facilities that are safe and sanitary. With the
exception of treatments that are given at the location of a client,
or treatments given at a temporary location lasting not more than
five days such as a trade show, sporting event or community
festival, licensees shall assure that the facility in which they
practice:
(1) is in compliance with all local building code
requirements, state fire safety codes, and state
health inspection codes;
(2) provides adequate toilet and lavatory facilities
with hot and cold running water; and
(3) provides adequate and clean shower facilities
on the premises, if equipped with a whirlpool
bath, sauna, steam cabinet, or steam room.
Authority G.S. 90-626(9).
21 NCAC 30 .0514 INFORMING BOARD OF
VIOLATIONS
Licensees shall inform the Board within 10 days of any violation
of the Practice Act or Rules, whether by licensees, schools, or
non-regulated persons or entities.
Authority G.S. 90-626(9).
21 NCAC 30 .0515 CONTINUING DUTY TO
REPORT CERTAIN CRIMES AND CIVIL SUITS
(a) Licensees shall report to the Board any and all charges of,
convictions of, or pleas of guilty or no contest to the following
criminal offenses, whether committed by themselves or by other
licensees:
(1) Felonies;
(2) Crimes that involve moral turpitude;
(3) Alcohol or drug-related offenses;
(4) Sexual-related offense; and
(5) Assault.
(b) Licensees are under a continuing duty to report to the Board
if they are named as a defendant in a civil suit arising out of a
licensee's practice of massage and bodywork therapy.
(c) Licensees shall report a charge, conviction, plea in a
criminal case, or involvement as a defendant in a civil suit, as set
forth in Paragraphs (a) and (b) of this Rule, within 30 days after
it occurs.
Authority G.S. 90-626(9).
SECTION .0600 - MASSAGE AND BODYWORK
THERAPY SCHOOLS
21 NCAC 30 .0601 BOARD APPROVAL
(a) Any school, whether in this State or another state, territory
or country, state or territory that offers a certificate, diploma or
degree program in massage and bodywork therapy may make
application for Board approval on a form provided by the Board.
Every school must submit an application to be considered for
approval, whether or not such school has been licensed,
approved or accredited by another regulatory agency, state
board, accreditation commission or trade association. A school
which that operates in more than one location shall submit a
separate application for each location.
(b) The Board shall grant approval to schools that meet the
standards set forth in this section. Section. The Board shall
maintain a list of approved schools.
(c) In order to maintain approval status, each school shall
submit an annual report by April 1 on a form provided by the
Board, which that may include documentation of continued state
licensure, where such licenses are required, authority to operate,
student enrollments, and any changes in curriculum,
instructional staff or administrative staff.
(d) An approved school shall notify the Board in writing within
thirty (30) 30 days of any change in the school’s location
address, ownership, or controlling interest. interest,
administration, facilities, instructional staff, curriculum, or other
changes that may affect the programs offered.
(e) The Board may utilize disciplinary sanctions for schools set
forth in Rules Section .0905(b) if the applicant for approval, or
holder of such approval:
(1) Fails to maintain, at any time, the minimum
requirements for approval set forth in this
Section;
(2) Fails to require its students to complete the
minimum standards in order to graduate;
(3) Submits documents to the Board which
contain false or misleading information;
(4) Fails to allow authorized representatives of the
Board to conduct inspections of the school, or
refuses to make available to them at any time
full information pertaining to the requirements
for approval set forth in this Section;
(5) Violates any statute or rule required for
licensure or approval of that school by its
educational licensing authority; or
(6) Violates any applicable rule of this Section.
(e) School approval shall be granted for a one year term,
beginning on July 1 and ending on June 30. For the purposes of
this Section, this term shall be considered the Fiscal Year.
(f) If a Board -approved school has not met the requirements for
renewal by June 30 preceding the new Fiscal Year, its approval
status shall be deemed expired.
(g) Approval shall be reinstated by the Board if such a school
completes its renewal process by July 31 of the Fiscal Year. A
school that has had its approval reinstated by July 31 shall be
considered to have maintained its approval status on a
continuous basis, pursuant to Paragraph (i) of this Rule.
(h) The Board shall not renew the approval of a school that has
not met the approval standards by July 31.
(i) Pursuant to G.S. 90-629(4), "successful completion of a
course of study at a Board-approved school" means that the
applicant graduated from a school that maintained its approval
status with the Board on a continuous basis during the
applicant's time of enrollment.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0602 DEFINITIONS
(a) The following definitions shall apply to this Section:
(1) Program. -- A course of study or curriculum
consisting of a specified number hours of
instruction consistent with the standards set
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18:15 NORTH CAROLINA REGISTER February 2, 2004
1228
forth in Paragraph (m) herein, Rule .0618,
which that is intended to teach adults the skills
and knowledge necessary for the professional
practice of massage and bodywork therapy, as
defined in G.S. 90-622(3). Each program of a
specified number of instructional hours shall
be considered a separate program for the
purposes of Board approval, and shall require
a separate application for approval.
(2) Massage and bodywork therapy school. -- Any
educational institution that conducts a
program, as defined above, for a tuition
charge. Such institutions may be organized as
proprietary schools, which that are privately
owned and operated by a sole proprietor,
partnership, corporation, association, or other
entity; or may be post-secondary colleges or
universities, whether publicly or privately
owned.
(3) Instructor. -- A person who meets the
qualifications set forth in Subparagraph (e)(1)
or (2), herein, Rule .0610 of this Section who
is responsible for delivering course content
according to curricula established by the
school, and who is responsible for managing
the classroom environment.
(4) Teaching assistant. -- A person who meets the
qualifications set forth in Subparagraph (e)(3)
or (4), herein, Rule .0610 of this Section who
is in the classroom to support the role of the
instructor, and who may only provide
instruction to students under the direct
supervision of the instructor.
(5) One classroom hour of supervised instruction.
-- At least fifty (50) 50 minutes of any one
clock hour during which the student
participates in a learning activity in the
physical presence of a member of the school’s
instructional staff.
(6) Student enrollment. -- The total number of
students at an approved school in a designated
Fiscal Year who have begun a program for
which they have registered and paid a fee in
said Fiscal Year, and who have completed at
least four weeks of such program.
(7) Key administrative staff. -- The school's
program director, director of education, and
other administrative staff members who direct
key areas such as operations, admissions,
financial aid, placement, or student services.
(8) One year of professional experience. -- In
determining the qualifications of
administrative or instructional staff members,
at least 500 hours of documentable work in the
professional job responsibility or subject area
in a given year.
(9) Additional program. -- A program that is of a
different title, subject matter, or number of
hours of instruction than the program under
which the school received its initial approval
from the Board. An approved school that
intends to offer an additional program shall
submit an Application for Additional Program
Approval.
(10) Additional location. -- A facility not part of,
nor adjoining the facility of an approved
school, where an approved school intends to
offer a program. Each such location is
considered a separate school, requiring a new
Application for School Approval to be
submitted to the Board.
(b) Authority to operate.
(1) A proprietary school shall provide
documentation that it is licensed or approved
by the educational regulatory authority in the
state, territory or country in which it operates;
or shall be exempt from licensure or approval
by statute.
(2) A regionally accredited post-secondary
institution within the State which offers a
certificate, diploma, or degree program in the
field of massage and bodywork therapy shall
have approval to conduct such program from
the State Board of Community Colleges or the
University of North Carolina.
(3) A regionally accredited post-secondary
institution outside the State which offers a
certificate, diploma, or degree program in the
field of massage and bodywork therapy shall
have approval from the regulatory authority in
the state, territory or country in which it
operates.
(c) Program director. One person shall be designated as the
program director, and shall be qualified in accordance with the
requirements listed in Subparagraph (d)(2) herein. This person
may be titled as director, or in the case of programs at post-secondary
institutions, department chair or program coordinator.
The director is the person directly responsible for all facets of
the program’s operation, including: curriculum, methods of
instruction, employment, training and evaluation of
administrative and instructional staff, maintenance of proper
administrative records, financial management, recruitment of
students, and maintenance of school plant and equipment.
(d) Administrative staff and qualifications.
(1) The school shall have administrative staff to
support the number of students enrolled.
(2) The program director or department chair shall
have the following qualifications:
(A) Be a graduate of a regionally
accredited college or university and
hold a baccalaureate degree, or have
at least five years of professional
experience in the field of massage
and bodywork therapy; and
(B) Have at least two years experience as
an instructor in one or more of the
major courses which are presented in
the school’s curriculum, or have at
least two years experience in
education administration.
Persons who possess qualifications
which are equivalent to the
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18:15 NORTH CAROLINA REGISTER February 2, 2004
1229
requirements prescribed in (A) and
(B) of this Paragraph may be
approved individually by the Board.
(3) Other administrative staff who oversee such
areas as operations, education, admissions,
financial aid, or student services, shall have
the following qualifications:
(A) Be a high school graduate or its
equivalent;
(B) Have at least one year of professional
experience in their area of their job
responsibility, or have received
training from the school sufficient to
perform their defined job
responsibilities.
(e) Instructional staff qualifications. The requirements herein
shall apply to instructors and teaching assistants who provide
more than six (6) instructional hours in the program. Instruction
is provided by persons with appropriate education and
experience as follows:
(1) Instructors who teach courses related to the
theory and practice of massage and bodywork
therapy shall have the following qualifications:
(A) Have a minimum of two years of
professional practice experience in,
and have received training and
certification in the subject area they
teach; and
(B) Have received training in teaching
methods, which shall include:
(i) Presentation skills;
(ii) Development and
implementation of lesson
plans;
(iii) Dynamics of the
teacher/student relationship;
(iv) Management of the
classroom environment;
(v) Evaluation of student
performance;
(vi) Orientation to the school’s
administrative policies; and
(C) Have one of the following
credentials:
(i) Be licensed under the
Practice Act; or
(ii) For schools and instructors
outside the State, hold a
similar credential in massage
and bodywork therapy; if no
such credential is available,
hold a valid certification
from a certifying agency
which is approved by the
National Commission of
Certifying Agencies; or
(iii) Be a licensed physician,
dentist, chiropractor,
osteopath, registered nurse,
physical therapist,
occupational therapist, or
acupuncturist.
(2) Instructors in all other courses in the
curriculum shall have received training in
teaching methods as defined in Subparagraph
(e)(1)(b) above, and shall have one of the
following qualifications:
(A) Have a minimum of two years of
professional practice experience in, or
have received training and
certification in the subject area they
teach; or
(B) Have a minimum of 12 semester
credit hours of academic course work
in the subject area they teach from a
regionally accredited post-secondary
institution.
(3) Teaching assistants in courses related to the
theory and practice of massage and bodywork
therapy shall have one of the credentials listed
in Subparagraph (e)(1)(c), above.
(4) Teaching assistants in all other courses in the
curriculum shall have one of the following
qualifications:
(A) Have a minimum of one year of
professional practice experience in, or
have received training and
certification in the subject area they
teach; or
(B) Have a minimum of 6 semester credit
hours of academic course work in the
subject area they teach from a
regionally accredited post-secondary
institution.
(f) Job descriptions and contracts.
(1) The school shall have written job descriptions
with performance standards for each
administrative and instructional position on its
staff.
(2) The school shall execute an employment
agreement with each staff member, whether
such staff member works in a full-time or part-time
capacity, or is an employee or an
independent contractor.
(g) School plant and equipment.
(1) The school plant, premises, and facilities shall
be safe and sanitary and shall be in compliance
with the statutory provisions and the rules and
regulations of all local ordinances pertaining to
fire, safety, health, and sanitation. Classrooms
shall have sufficient lighting, ventilation, and
temperature control to provide a comfortable
learning environment for students.
(2) The equipment, supplies, and instructional
materials of the school shall be adequate in
type, quality, and amount for each course
offered by the school. These shall also meet all
requirements of statutory provisions, and rules
and regulations of all local ordinances
pertaining to fire, safety, health, and sanitation.
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18:15 NORTH CAROLINA REGISTER February 2, 2004
1230
(3) The school shall have an annual inspection
from the city or county agencies which
determine compliance with requirements for
fire, safety, health, and sanitation in its
jurisdiction.
(4) For classes conducted in the practice of
massage and bodywork therapy, the school
shall provide a minimum of 70 square feet of
classroom space per treatment table, exclusive
of fixed items in the classroom. There shall be
one therapy treatment table, adjustable in
height, for every two students in such classes.
(h) Financial management systems and economic stability.
(1) Schools shall maintain financial management
systems which assure safety, accountability
and effective use of financial resources, and
which provide accurate information for
assessing the financial condition of the
institution. This includes regular profit and
loss statements, balance sheets, and an annual
budget. The following standards shall be met:
(A) Generally accepted accounting
principles are followed in the
preparation of financial statements;
and
(B) Accuracy and security of records is
maintained.
(2) Schools shall be financed to ensure long term
stability. The following standards shall be met:
(A) Income and reserves are sufficient to
complete instruction of currently
enrolled students while still meeting
all requirements for Board approval;
(B) A ratio of assets to liabilities of at
least 1:1 is maintained; and
(C) An annual independent review or
audit of the school’s financial
statements is conducted by a Certified
Public Accountant.
(3) The Board may request a credit report on a
school.
(4) The school shall maintain professional liability
insurance to guarantee the fiscal viability of
the school in the case of a claim of malpractice
related to massage and bodywork therapy
performed as a part of the school’s
instructional program.
(i) Admissions.
(1) The school shall maintain admission policies
and procedures which are fully disclosed and
which are administered consistently.
(2) Admissions standards are designed to ensure
that only those students who have the ability to
successfully complete the program will be
admitted.
(3) The school shall maintain written
documentation of the basis for admis sion of
the student. Such records shall include copies
of high school diploma or transcripts, proof of
age, and other specific admission requirements
of the school.
(4) Documentation is maintained, for a minimum
of three (3) years, of the reasons for the denial
of admission of any student.
(5) A school is not precluded from enrolling
students in individual courses not leading to a
credential.
(j) Tuition, refunds and financial aid.
(1) The school shall fully and clearly disclose
tuition and all related program costs to
prospective students.
(2) Tuition policies shall be published in the
school catalog or bulletin. Such policies shall
address adjustment of charges in the case of:
(A) Cancellation of enrollment within
seventy-two (72) hours of signing an
student enrollment agreement;
(B) Student withdrawal before the
program start date;
(C) Student withdrawal after the program
start date;
(D) Student dismissal; and
(E) Cancellation of program by the
school.
(3) All students who enroll in the same program
shall be charged the same amount for tuition.
This does not preclude the school from raising
tuition, from granting scholarships, from
granting cash discounts to students for advance
payment of tuition, or in the case of public
institutions, from charging differential rates to
residents and non-residents.
(4) The school shall maintain a refund policy as
follows:
(A) Proprietary schools shall base refunds
on a percentage of the program
actually completed by the student. At
a minimum, such policy shall grant
refunds up to and including the
twenty-five percent (25%) point of
the program. Refunds shall be
calculated from the last date of
attendance and made within thirty
(30) days of the date of withdrawal or
dismissal.
(B) Programs offered by post-secondary
colleges or universities shall follow
the refund policy set forth by the
applicable governing body or
regulatory agency.
(5) The school catalog or bulletin shall accurately
describe any financial aid programs in which
the school participates, and shall distinguish in
meaning between the terms “scholarship,”
“grant,” “loan,” and “financial aid.” Schools
which administer Title IV funds shall also
include in its catalog and all advertising an
eligibility phrase such as, “Financial aid
available for those who qualify.” Schools that
do not administer Title IV funds shall not use
the term “financial aid.”
(k) Student records and academic progress.
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18:15 NORTH CAROLINA REGISTER February 2, 2004
1231
(1) The school shall maintain current, complete,
and accurate records on each student. Such
records shall show attendance, academic
progress, grades, date entered, dates attended,
courses studied, program completed, and date
of graduation.
(2) Records shall be maintained in perpetuity,
shall be stored in such a manner as to ensure
their confidentiality, and shall be safe from
theft, fire, or other possible loss.
(3) Students and graduates shall be allowed access
to their records. Transcripts shall be released
upon written request from students and
graduates.
(4) All school policies, including those relating to
satisfactory attendance, academic progress,
and conduct shall be enforced. Students shall
be notified when completion standards are not
being met.
(l) Educational credential issued to graduates; reporting of
graduates’ pass rate on national certification examination.
(1) Upon completion of the program, the student
is given a certificate, diploma, or degree
stating that the educational requirements have
been met and the program has been
satisfactorily completed.
(2) Such credentials are only granted to students
who have completed the entire program for
which the student enrolled.
(3) The school shall authorize agencies which
conduct national certification examinations
which are accepted by the Board as meeting
the requirement of G.S. 90-629(5) to report
directly to the Board the pass rate of the
school’s graduates on such examinations.
(m) Pursuant to G.S. 90-631(1), programs shall meet the
following standards:
(1) The school shall develop a set of educational
objectives which describe the intended skills,
knowledge, and attitudes which the program is
designed to develop in the student by the
completion of such program.
(2) The school shall offer a program consisting of
a minimum of five hundred (500) classroom
hours of supervised instruction. Such program
shall contain the following hours of specific
course work which are consistent with the
school’s mission and educational objectives:
(A) Two hundred (200) hours in the
fundamental theory and practice of
massage and bodywork therapy,
which shall include a minimum of
one hundred (100) hours in
application of hands-on methods; the
balance of such hours shall include
client assessment skills, indications
and contraindications for treatment,
body mechanics, draping procedures,
standard practices for hygiene and
control of infectious diseases, and the
history of massage and bodywork
therapy;
(B) One hundred (100) hours in anatomy
and physiology, which shall include
the structure and function of the
human body and common
pathologies;
(C) Fifty (50) hours in the following
areas:
(i) Fifteen (15) hours in
professional ethics, and
North Carolina laws and
rules for the practice of
massage and bodywork
therapy;
(ii) Fifteen (15) hours in
business practices related to
the field of massage and
bodywork therapy; and
(iii) Twenty (20) hours in
somatic psychology,
including dynamics of the
therapist/client relationship,
communication skills, and
boundary functions;
(D) One hundred fifty (150) hours in
other courses related to the practice of
massage and bodywork therapy; such
courses may include additional
hands-on techniques, specific
applications, adjunctive modalities,
in-depth anatomy and physiology,
kinesiology, psychology, movement
education, or supervised clinical
practice. First Aid or CPR may not be
included in this category.
(3) For programs which include a student clinic or
fieldwork experiential component, such hours
do not exceed one hundred (100) hours of the
minimum requirement set forth in
Subparagraph (m)(2)(d), above. All such work
is directly supervised and evaluated by an
instructional staff member.
(4) For programs which include an externship
component, such hours shall not be included in
the minimum requirements set forth in
Subparagraph (m)(2), above, and shall not
comprise more than twenty percent (20%) of
the total program hours. All such work is
supervised by a designated person at the
externship site, and is evaluated by the school.
(5) Programs shall consist of a series of courses
which are organized in a logical sequence, and
which are consistent with the educational
objectives. Sequential organization means that
within a course, each class prepares students
for the next class; overall, each course gives
students the skills and knowledge necessary
for the next course. Material is not presented
unless students have the necessary skills
PROPOSED RULES
18:15 NORTH CAROLINA REGISTER February 2, 2004
1232
and/or knowledge to utilize that material safely
and effectively.
(6) Course titles match the content of the course;
published course descriptions accurately
reflect the specific learning objectives of each
course; sufficient hours are allotted to each
course to allow students to gain competence in
the subject areas covered.
(7) A course curriculum is developed for each
course, which shows the basic content of each
individual class in the course, in the sequence
presented.
(8) Course requirements and competencies are
consistent from instructor to instructor.
Teaching materials, including detailed lesson
plans, are developed and maintained for each
course to ensure such consistency. Teaching
methods are appropriate to course content, and
to diverse learning styles.
(9) Programs shall be a minimum of six (6)
months in length, with no more than nine (9)
instructional hours in one day. There shall be
no more than two (2) hours of instruction
without a break. There shall be no more than
four (4) hours of instruction without a meal
break.
(10) For a student to receive credit in a course, the
school shall require students to attend no less
than seventy-five percent (75%) of the
instructional hours, and to make up all missed
instructional hours according to the procedures
established by the school.
(11) A syllabus is developed for each course, and
provided to students prior to the beginning of
instruction. The syllabus shall include the
following elements: course title, course
description, learning objectives, total number
of instructional hours, meeting dates and class
times, assignments, textbooks, evaluation
methods, quiz and examination dates, and
performance standards.
(12) For post-secondary institutions, courses which
fulfill the minimum requirements set forth in
Subparagraph (m)(2), above, shall support the
program in massage and bodywork therapy.
Courses in addition to the minimum
requirements may include courses from other
departments or programs which are directly
relevant to the practice of massage and
bodywork therapy.
(n) Student to instructor ratios.
(1) For classes which involve hands-on practice,
the student to instructor ratio shall not exceed
16 to 1.
(2) Both instructors and teaching assistants, as
defined in Paragraph (a) of this Rule, shall be
considered in calculating these ratios.
(o) Learning resources. The school shall provide sufficient
learning resources to students and instructional staff to support
the educational objectives of the program as follows:
(1) The school shall maintain a library or resource
center which contains books, periodicals, and
other informational materials in the field of
massage and bodywork therapy. As an
alternative, the school may have a contractual
agreement with another facility to provide
access to such resources.
(2) All other resources, such as charts, models, or
videotapes, shall be maintained in good
condition.
(p) Standards of professional behavior.
(1) Conduct by instructional staff and students
shall follow the Standards of Practice set forth
by the National Certification Board for
Therapeutic Massage and Bodywork, and
those standards set forth in Rules Section
.0500 of this Chapter.
(2) Nudity is not permitted where massage and
bodywork therapy is taught or practiced. For
the purpose of this section, “nudity” is defined
as exposure of the genital or anal area for men
or women, or the breast area for women. The
only exception shall be for treatment to the
breast area while utilizing therapeutic
techniques.
(3) The school shall provide a private area where
persons receiving therapeutic treatments may
dress or undress, whether for in-class practice
or treatments performed in a student clinic. As
an alternative, the school may provide
instruction to persons receiving therapeutic
treatments in the procedure of undressing
while on the treatment table under a full sheet
covering.
(4) The above requirements shall apply to all
classroom settings, as well as any location
where instructional staff or students are
demonstrating or delivering therapeutic
treatments as a part of course requirements,
whether at the school or another location.
(q) Student compensation prohibited. A student enrolled in a
Board-approved school shall not receive a fee or other
consideration for the massage and bodywork therapy they
perform while completing clinical requirements for graduation,
whether or not the school charges a fee for services provided in a
student clinic.
(r) Transfer of Credit. A school shall not grant transfer credit
from another institution unless the following standards are met:
(1) The school from where credit is being
transferred shall be licensed or approved by
the educational licensing authority in the state
in which it operates, or be exempt by statute;
(2) The school from where credit is being
transferred shall provide an official transcript;
(3) Courses for which credit is granted shall be
parallel in content and intensity to the courses
presently offered by the school; and
(4) Documentation of previous training shall be
included in each student’s permanent file.
(s) Advanced placement. A school may only grant advanced
placement to a student, or exempt the student from curriculum
PROPOSED RULES
18:15 NORTH CAROLINA REGISTER February 2, 2004
1233
requirements, based on the student’s performance on an
examination which the school administers to determine
competency in that subject area. Such advanced placement or
exemption shall not exceed thirty-five percent (35%) of the total
number of hours in the program.
(t) Ethical requirements in advertising. The following
requirements pertain to all advertising and promotional activities
conducted by, or on behalf of the school, including such media
utilized as print, broadcast, verbal presentations, data transfer
technologies, videotape, or audiotape:
(1) Educational programs and services offered
shall be the primary emphasis of all
advertisements, publications, promotional
literature, and recruitment activities, whether
distributed to prospective students or the
general public.
(2) All statements and representations made shall
be clearly worded, factually accurate, and
current. Supporting information shall be kept
on file and available for review. All
advertising and promotional materials shall
include the correct name and location of the
school.
(3) The school shall not falsely represent its
facilities in photographs, illustrations, or
through other means.
(4) The school catalog or bulletin shall contain all
information required in Paragraph (v) herein.
(5) All advertising and promotional activities shall
clearly indicate that massage and bodywork
training and not employment is being offered.
No overt or implied claim of individual
employment shall be made. No false or
deceptive statements regarding employment
opportunities or earning potential in the field
of massage and bodywork as a result of the
completion of the course of study shall be used
to solicit students.
(6) Letters of endorsement, commendation, or
recommendation in favor of a school shall be
used for advertising or promotion only with
the written consent of the author without any
offer of financial compensation, and only
when such letters portray current conditions or
facts. Letters shall contain the date they were
received, shall be kept on file and be subject to
inspection.
(7) Programs that use placement information in
advertisements, catalogs or other printed
documentation shall corroborate the data.
(8) School literature and advertisements shall not
quote "high top"or “up to” salaries unless they
also indicate the normal range or starting
salaries for graduates.
(9) Schools offering programs which are not
approved by the Board shall clearly identify
which programs are Board approved.
(10) Schools shall accurately describe requirements
for state licensure.
(11) The school shall not defame competitors by
falsely imputing to them dishonorable conduct,
inability to perform on contracts, or by the
false disparagement of the character, nature,
quality, values, or scope of their educational
services, or in any other material respect.
(u)The school shall execute a Student Enrollment Agreement for
training with every student. A copy of the executed agreement
shall be provided to the student. At a minimum, such agreement
shall contain the following:
(1) Name and telephone number of the school;
location of where the student will attend
classes.
(2) Student’s name, address, telephone number,
social security number.
(3) Name of the program in which student is
enrolling; number of clock or credit hours of
the program; beginning and ending dates;
length of program in weeks or months;
expected graduation date.
(4) Program tuition and all related costs, including
application and registration fees, and estimated
cost of books and supplies.
(5) Refund and cancellation policies, including
buyer’s right to cancel.
(6) Payment methods, including cash, installment
payment plans, or financial aid (as applicable);
interest charged; methods used to collect
delinquent tuition.
(7) Placement guarantee disclaimer.
(8) Grounds for dismissal from the school.
(9) Statement referencing the school catalog and
student handbook as a legal part of the
enrollment agreement.
(10) Statement certifying that student has read and
understands all terms of the enrollment
agreement.
(11) Signature lines for school official and student.
(v)The school shall publish a catalog or bulletin which is
certified by an authorized official of the school as being current,
true, and correct in content and policy. The catalog shall include
the following information:
(1) School name, location address, phone number.
(2) Volume number and date of publication.
(3) Ownership structure, including type of legal
entity and names of owners, Board of
Directors members, or academic officers at
public institutions.
(4) Names and titles of all instructional and key
administrative staff.
(5) Statement of school mission, philosophy, and
educational program objectives.
(6) School history and identification of all
licenses, approvals or accreditations which the
school maintains.
(7) Definition of measurement of program,
whether in clock hours or credit hours.
(8) Detailed course descriptions, including
number of hours for each course.
(9) Graduation requirements, including type of
credential issued upon graduation.
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18:15 NORTH CAROLINA REGISTER February 2, 2004
1234
(10) Requirements for licensure, certification or
registration of therapists in the state, province,
or country in which the school operates.
(11) Standards for admission and description of the
school’s admissions process.
(12) School calendar, including beginning and
ending dates of all programs, all holidays and
days off.
(13) Length of time required for completion of the
program.
(14) Program tuition and all associated costs,
including textbooks, supplies, and other
expenses.
(15) Refund policy.
(16) Description of facilities and learning
resources.
(17) Student services.
(18) Academic policies, including the following:
(A) Grading system;
(B) Standards of satisfactory academic
progress;
(C) Description of disciplinary
procedures, including conditions for
probation, suspension, dismissal or
expulsion, conditions of reentrance
for students dismissed for
unsatisfactory academic progress;
(D) Transfer of credit from other
institutions;
(E) Attendance requirements, make -up
work, tardiness, leave of absence;
(F) Standards of conduct, including a
sexual harassment policy; and
(G) Complaint policy, process for
complaint resolution, name and
address of the school regulatory
agency for filing complaints when
institutional process does not bring
resolution.
(w) Notification of changes. An approved school shall notify the
Board in writing within thirty (30) days of any changes in
administration, facilities, instructional staff, curriculum, or other
changes that may effect the programs offered.
(x) Board approval not transferable.
(1) In the event of the change of ownership of a
school, the approval already granted to the
original owner or operator thereof shall not be
transferable to the new ownership or operators.
Provided, however, the Board may issue
temporary operating approval for a period of
ninety (90) days to a school upon its change of
ownership if the school held a valid, current
approval approval prior to the change, and if
the Board finds that the school is likely to
qualify after the change of ownership for
approval under this Section.
(2) For the purposes of this Paragraph, “change of
ownership” is defined as, but not limited to the
following situations:
(A) Sale of the school;
(B) Transfer of controlling interest of
stock of the school or its parent
corporation;
(C) Merger of two or more schools;
(D) Transfer of controlling interest of
stock to parent corporation;
(E) Transfer of assets or liabilities of
school to parent corporation or
owners; or
(F) Change from profit to non-profit
status.
(y) Initial application for Board approval. The school shall
submit an application for approval on a form provided by the
Board, which shall be accompanied by the following:
(1) A certified check for the application fee set
forth in Rule .0606 herein, made payable to the
Board.
(2) Completed personnel qualification forms on
the school director, administrative staff,
instructors, and teaching assistants, with
photocopies of academic transcripts, degrees,
diplomas, and professional licenses and
certifications for each person.
(3) Job descriptions for school director,
administrative staff, instructors, and teaching
assistants.
(4) Examples of contracts for administrative and
instructional staff.
(5) Detail of ownership structure of the school,
and organizational chart.
(6) Facility plan, including detailed floor plans
with dimensions and fixtures, uses of each
room, specifications on lighting, ventilation,
and temperature control.
(7) Equipment list, including furniture, office
equipment, and instructional equipment for
classroom.
(8) Copy of deed if school owns its facility, or
copy of lease if school does not own its
facility.
(9) Copies of reports from city or county
inspections for fire, safety, health, and
sanitation, made within the three months prior
to submission of application for approval.
(10) Statement of Financial Affirmation; copies of
the school’s financial statements for the
previous fis cal year; letter from a Certified
Public Accountant affirming that the school is
in compliance with the requirements of
Paragraph (h), herein.
(11) Copy of the application for admission which is
submitted by prospective students; copies of
materials used to document the admission
process with applicants.
(12) Copies of the forms used for documentation of
attendance, missed class make-up work,
student academic progress, grades earned,
notification of unsatisfactory progress and
notification of disciplinary action.
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(13) Copy of the educational credential granted to
students who complete the program; example
of transcript issued by the school.
(14) Core Program Requirements Form; copies of
course curricula; copies of course syllabi; one
example lesson plan for each course; school
calendar for the current academic year.
(15) List of student to instructor ratios for each
course offered.
(16) List of learning resources provided by the
school, including numbers of books,
periodicals, and other informational materials
in the school library. If the school has no
library, include copy of the agreement for use
of another facility, with its list of resources.
(17) Copies of all advertisements and promotional
materials from the previous year, including
website addresses and tapes of broadcast
advertisements.
(18) Copy of the Student Enrollment Agreement
issued by the school.
(19) Catalog Certification Form; copy of the
current school catalog or bulletin, with
accompanying student handbook (if
applicable).
(20) As applicable, copy of state license or
approval to operate school, or citation of
statutory exemption; copy of certificate of
accreditation (if applicable).
(z) Application for Board approval of additional programs. An
approved school shall submit an application for approval of an
additional program on a form provided by the Board, which shall
be accompanied by the following:
(1) A certified check for the application fee set
forth in Rule .0606 herein, made payable to the
Board.
(2) Core Program Requirements Form; copies of
course curricula; copies of course syllabi; one
example lesson plan for each course; school
calendar for the current academic year.
(3) List of student to instructor ratios for each
course offered.
(4) Copy of the educational credential granted to
students who complete the program; example
of transcript issued by the school.
(5) Copy of the school catalog or bulletin which
describes the additional program.
(6) Complete documentation of any other
requirement set forth in Paragraph (y), herein,
which is different than what the school
documented in its initial application for
approval, or what has been documented in its
most recent application for renewal of
approval.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0603 DOCUMENTATION OF
SUCCESSFUL COMPLETION
(a) In order to be acknowledged as having successfully
completed a course of study as required by G.S. 90-629(4), an
applicant for licensure must submit an official transcript to the
Board’s administrative office.
(b) Such transcript must document to the satisfaction of the
Board that the applicant has completed all requirements in a
course of study which that meets the minimum curriculum
standards set forth in this section, Section, and shall indicate the
following:
(1) Passing grades in all courses;
(2) Dates of attendance;
(3) Date of graduation or successful completion of
the entire program; and
(4) Total number of supervised classroom hours of
instruction. instruction; and
(5) Credential awarded, whether a certificate,
diploma, or degree.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0604 APPROVAL DESIGNATION
(a) A school which that is approved by the Board may utilize
the designation, “Approved by the North Carolina Board of
Massage and Bodywork Therapy,” or “N.C. Board Approved.”
An approved school may utilize this designation only to promote
a program in massage and bodywork therapy, and shall not
utilize this designation to promote any other program.
(b) A school which that is in the application process for
approval, and which that has not been granted approval by the
Board, shall not publish or promote the fact that it has applied
for such approval, and shall not utilize terms such as “approval
pending.”
Authority G.S. 90-626(9); 90-631;
21 NCAC 30 .0605 VERIFICATION OF
COMPLIANCE
In order to verify that a school is in compliance with the
standards for approval set forth in this Section, the Board may
inspect a school during the application process, or at any time
after approval has been granted. Such inspection may include
the school's physical facilities, equipment, learning materials,
class observation and records. Such inspection may also include
interviews with members of the school's administrative staff,
instructional staff, or student body. The Board may also
interview or survey graduates of the school, or employers of the
school's graduates.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0607 DISCIPLINARY SANCTIONS;
REPORTING REQUIREMENTS
(a) The Board may utilize disciplinary sanctions for schools set
forth in Rule .0905(b) of this Chapter if the applicant for
approval, or holder of such approval:
(1) fails to maintain, at any time, the requirements
for approval set forth in this Section;
(2) fails to require its students to complete the
minimum standards in order to graduate;
(3) submits documents to the Board that contain
false or misleading information;
(4) fails to allow authorized representatives of the
Board to conduct inspections of the school, or
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18:15 NORTH CAROLINA REGISTER February 2, 2004
1236
refuses to make available to them at any time
full information pertaining to the requirements
for approval set forth in this Section;
(5) violates any statute or rule required for
licensure or approval of that school by its
educational licensing authority; or
(6) violates any applicable rule of this Section.
(b) An approved school that is accredited by an agency
recognized by the United States Department of Education
(USDE) shall notify the Board in writing within 30 days of any
notification it receives from its accrediting agency or the USDE
Office of Postsecondary Education of a show cause action,
probation action, or denial of accreditation.
(c) An approved school outside the State shall notify the Board
in writing within 30 days of any notification it receives from its
state, provincial, territorial or national licensing or approval
authority of non-compliance with its regulatory standards, or
disciplinary actions.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0608 AUTHORITY TO OPERATE
(a) A proprietary school shall provide documentation to the
Board that it is licensed or approved by the regulatory authority
for schools of massage and bodywork therapy in the state or
territory in which it operates, or is exempt by statute.
(b) A regionally accredited post-secondary institution within the
State that offers a certificate, diploma, or degree program in the
field of massage and bodywork therapy shall have approval to
conduct such program from the State Board of Community
Colleges or the University of North Carolina.
(c) A regionally accredited post-secondary institution outside
North Carolina that offers a certificate, diploma, or degree
program in the field of massage and bodywork therapy shall
have approval from the regulatory authority in the state or
territory in which it operates.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0609 PROGRAM DIRECTOR,
ADMINISTRATIVE STAFF AND QUALIFICATIONS
(a) One person shall be designated as the program director. This
person may be titled as director, or in the case of programs at
post-secondary institutions, department chair or program
coordinator. The director is the person directly responsible for
all facets of the program’s operation, including: curriculum,
methods of instruction, employment, training and evaluation of
administrative and instructional staff, maintenance of proper
administrative records, financial management, recruitment of
students, and maintenance of school plant and equipment. The
program director or department chair shall have the following
qualifications:
(1) be a graduate of a regionally accredited
college or university and hold a baccalaureate
degree or have at least five years of
professional experience in the field of massage
and bodywork therapy; and have at least two
years experience as a lead instructor in one or
more of the core curriculum courses that are
presented in the school’s curriculum or have at
least two years experience in education
administration; or
(2) possess qualifications that are equivalent to the
requirements prescribed in Subparagraph (1)
of Paragraph (a) of this Rule that may be
approved individually by the Board.
(b) If the program director does not have experience in either
the professional practice of massage and bodywork therapy, or
massage and bodywork therapy education, the school shall have
a director of education on staff to manage the areas of
curriculum and lesson plan development, instructional methods,
and training and evaluation of instructional staff. The director of
education shall have the following qualifications:
(1) be a graduate of a regionally accredited
college or university and have at least five
years of professional experience in the field of
massage and bodywork therapy; or
(2) have at least two years experience as a lead
instructor in one or more of the school's core
curriculum courses, or have at least two years
experience in massage therapy education
administration or teacher training.
(c) Other key administrative staff members who oversee or
direct such areas as operations, admissions, financial aid, or
student services shall have the following qualifications:
(1) be a high school graduate or its equivalent; and
(2) have at least one year of professional
experience in their area of their job
responsibility, or have received training from
the school sufficient to perform their defined
job responsibilities.
(d) The school shall have administrative staff to support the
number of students enrolled.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0610 INSTRUCTIONAL STAFF
QUALIFICATIONS
(a) The requirements in this Rule are intended to assure that
instructors, as defined in Rule .0602(3) of this Section, are
competent in the fundamental knowledge and methodology of
teaching, and possess a professional level of skills, knowledge
and practical experience in every subject they teach in the
program.
(b) Instructors shall be trained in teaching methods, that shall
include:
(1) presentation skills;
(2) development and implementation of lesson
plans;
(3) dynamics of the teacher/student relationship;
(4) management of the classroom environment;
(5) evaluation of student performance;
(6) instructional strategies for the adult learner;
(7) accommodations for students with special
needs; and
(8) knowledge of the school’s administrative
policies and procedures.
(c) Instructors shall be trained in the subject taught, and shall
have:
(1) at least two years of professional experience in
the subject area; and
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(2) have received certification in the subject area
if such certification is available.
(d) Instructors shall have one of the following professional
credentials:
(1) be licensed under the Practice Act for at least
two years; or
(2) have a baccalaureate degree from a regionally
accredited post-secondary institution and have
at least 12 semester credit hours of academic
course work in the subject area they teach
from such institution; or
(3) be a licensed physician, dentist, chiropractor,
osteopath, registered nurse, physical therapist,
occupational therapist, or acupuncturist; or
(4) for schools and instructors outside the State,
hold a state license or certification in massage
and bodywork therapy for at least two years; if
no such credential is available, hold a valid
certification from a certifying agency that is
approved by the National Commission of
Certifying Agencies for at least two years.
(e) Teaching assistants, as defined in Rule .0602(4) of this
Section, shall have the following qualifications:
(1) assistants in courses related to the theory and
practice of massage and bodywork therapy
shall be licensed under the Practice Act, and
shall have training in the subject area of the
course.
(2) assistants in courses other than the theory and
practice of massage and bodywork therapy
shall have training in the subject area of the
course, in addition to one of the following
qualifications:
(A) be licensed under the Practice Act; or
(B) have at least one year of professional
experience in the subject area; or
(C) have at least six semester credit hours
of academic course work in the
subject area from a regionally
accredited post-secondary institution.
(f) The school shall observe, evaluate, and document the
performance of every instructional staff member at least once in
each course taught to assure that competency in teaching
methods and subject area is maintained.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0611 APPROVAL PROCESS FOR KEY
ADMINISTRATIVE AND INSTRUCTIONAL STAFF
(a) Key administrative staff, instructors and teaching assistants,
as defined in Rule .0602 of this Section, must be approved by
the Board before performing their job functions at a Board-approved
school.
(b) The school shall submit an application for each key
administrative staff member, instructor, and teaching assistant on
a form provided by the Board, which shall be accompanied by
the following documentation:
(1) copies of all academic diplomas or degrees;
(2) official school transcripts from all post-secondary
institutions;
(3) copies of occupational licenses and
certifications;
(4) a record of work experience in the field; and
(5) a record of training in teaching methods.
(c) In all cases, the burden of proof shall be on the school to
demonstrate that each key administrative staff member meets the
qualifications set forth in Rule .0609 of this Section, and that
each instructor and teaching assistant meets the qualifications set
forth in Rule .0610 of this Section.
(d) The requirements of this Rule shall not apply to guest
instructors who provide no more than three hours of instruction
in a program.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0612 MANAGEMENT OF STAFF
(a) The school shall have written job descriptions with
performance standards for each administrative and instructional
position on its staff.
(b) The school shall execute a written employment agreement or
contract with each staff member, whether such staff member
works in a full-time or part-time capacity, or is an employee or
an independent contractor.
(c) The school shall conduct and document an annual
performance review for each staff member.
(d) The school shall maintain a file for all staff members, that
shall contain their original application for Board approval with
all accompanying documentation, current employment
agreement or contract, and annual performance reviews. The
school shall keep each file current, with copies of their most
recent occupational licenses, certifications, documentation of
continuing education, and academic transcripts.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0613 SCHOOL PLANT AND
EQUIPMENT
(a) The school plant, premises, and facilities shall be safe and
sanitary and shall be in compliance with the statutory provisions
and the rules and regulations of all local ordinances pertaining to
fire, safety, health, and sanitation. Classrooms shall have
sufficient lighting, ventilation, and temperature control to
provide a comfortable learning environment for students.
(b) The equipment, supplies, and instructional materials of the
school shall be adequate in type, quality, and amount for each
course offered by the school. These shall also meet all
requirements of statutory provisions, and rules and regulations of
all local ordinances pertaining to fire, safety, health, and
sanitation.
(c) The school shall have an annual inspection from the city or
county agencies that determine compliance with requirements
for fire, safety, health, and sanitation in its jurisdiction.
(d) For classes conducted in the practice of massage and
bodywork therapy, the school shall provide at least 70 square
feet of classroom space per treatment table, exclusive of fixed
items in the classroom. There shall be one therapy treatment
table, adjustable in height, for every two students in such classes.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0614 FINANCIAL MANAGEMENT
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1238
SYSTEMS AND ECONOMIC STABILITY
(a) The school shall maintain a sound financial structure, with
resources sufficient for its ongoing operations and the discharge
of its obligations to the students and staff. To demonstrate this,
the school shall:
(1) maintain financial management systems that
assure reliability, accountability and effective
use of financial resources, that provide
accurate information for assessing the
financial condition of the institution, and that
assure the accuracy and security of records;
and
(2) provide annually a review or audit, prepared in
accordance with Generally Accepted
Accounting Principles by an independent
certified public accountant. This annual
financial statement shall demonstrate that the
current assets of the school exceed the current
liabilities, and that there was a positive net
working capital for the prior year. If the school
does not meet the above requirements, the
Board shall require a financial improvement
plan, teach-out plan, or form of surety
guaranteeing that the resources are sufficient
to protect the current students. If the Board
determines that the school does not have
sufficient resources, it may take disciplinary
actions pursuant to Rule .0905(b) of this
Chapter up to and including revocation of
approval.
(b) The Board may request a credit report on a school.
(c) The school shall maintain professional liability insurance to
guarantee the fiscal viability of the school in the case of a claim
of malpractice related to massage and bodywork therapy
performed as a part of the school's instructional program.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0615 STUDENT RECRUITMENT
In its recruitment of students, an approved school shall:
(1) not use employment agencies to recruit
prospective students, or place advertisements
in help-wanted sections of classified
advertisements, or otherwise lead prospective
students to believe they are responding to a job
opportunity.
(2) ensure that its recruiting agents and other
personnel do not make false or misleading
statements about the institution, its personnel,
its programs, its services, its approval status,
its accreditation, or any other pertinent
information.
(3) inform each student accurately about financial
assistance and obligations for repayment of
loans.
(4) not make explicit or implicit promises of
employment or salary expectations to
prospective students.
(5) not permit the payment of cash or other
nonmonetary incentives to any student or
prospective student as an inducement to enroll;
nor shall it use the word "free" or its synonyms
in reference to any equipment, tuition, books,
or other items in conjunction with recruiting or
advertising; and
(6) adhere to ethical practices in all aspects of the
recruiting process, ensuring that its personnel
do not discredit other institutions by falsely
imputing to them dishonorable conduct,
inability to perform contracts, questionable
credit standing, or similar negative
characteristics; making other false
representations; or by disparaging the
character, nature, quality, value or scope of
their program of instruction or services; or by
demeaning their students. The school shall
also ensure that its personnel do not knowingly
influence any student to leave another
institution or encourage a student to change
plans after signing an enrollment application
and paying a registration fee to another
institution.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0616 ADMISSIONS
(a) The school shall maintain admission policies and procedures
that are fully disclosed and administered consistently.
(b) The school shall regularly conduct an orientation session for
persons who have applied for admission, or who are considering
application for admission. Such orientation shall include an
overview of the program's educational objectives and
curriculum, the academic and physical requirements of the
program, existing employment opportunities in the field, the
time and financial requirements of the program, and state
requirements for licensure.
(c) Admissions standards shall be designed to ensure that only
those applicants are admitted who have the cognitive, motor and
behavioral skills and moral character necessary to successfully
complete the program and to practice massage and bodywork
therapy in a safe and effective manner.
(d) The school shall conduct a pre-enrollment interview with
each applicant to determine their qualifications. The information
gathered from this interview shall be evaluated with all written
documentation submitted by the applicant before the school
renders a decision on their application.
(e) The school shall maintain written documentation of the basis
for admission of the student. Such records shall include copies of
high school diploma or transcripts, proof of age, and other
specific admission requirements of the school.
(f) Documentation shall be maintained, for at least three years,
of the reasons for the denial of admission of any student.
(g) A school may enroll students in individual courses not
leading to a credential.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0617 TUITION, REFUNDS AND
FINANCIAL AID
(a) The school shall fully and clearly disclose tuition and all
related program costs to prospective students.
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18:15 NORTH CAROLINA REGISTER February 2, 2004
1239
(b) Tuition policies shall be published in the school catalog or
bulletin. Such policies shall address adjustment of charges in the
case of:
(1) cancellation of enrollment within 72 hours of
signing a student enrollment agreement;
(2) student withdrawal before the program start
date;
(3) student withdrawal after the program start
date;
(4) student dismissal; and
(5) cancellation of program by the school.
(c) All students who enroll in the same program shall be
charged the same amount for tuition. This does not preclude the
school from raising tuition, from granting scholarships, from
granting cash discounts to students for advance payment of
tuition, or in the case of public institutions, from charging
differential rates to residents and non-residents.
(d) The school shall maintain a refund policy as follows:
(1) Proprietary schools shall base refunds on a
percentage of the program actually completed
by the student. Such policy shall grant refunds
at least up to and including the 25% point of
the program. Refunds shall be calculated from
the last date of attendance and made within 30
days of the date of withdrawal or dismissal;
and
(2) Programs offered by post-secondary colleges
or universities shall follow the refund policy
set forth by the applicable governing body or
regulatory agency.
(e) The school catalog or bulletin shall accurately describe any
financial aid programs in which the school participates, and shall
distinguis h in meaning between the terms "scholarship," "grant,"
"loan," and "financial aid." Schools that administer Title IV
funds shall also include in its catalog and all advertising an
eligibility phrase such as, "Financial aid available for those who
qualify." Schools that do not administer Title IV funds shall not
use the term "financial aid."
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0618 PROGRAM REQUIREMENTS
Pursuant to G.S. 90-631(1), programs shall meet the following
requirements:
(1) The school shall develop and adhere to a set of
educational objectives that describe the
intended skills, knowledge, and attitudes that
the program is designed to develop in the
student by the completion of such program;
(2) The program shall have a core curriculum of at
least 500 classroom hours of supervised
instruction. Such core curriculum shall contain
the following hours of specific course work
that are consistent with the school's mission
and educational objectives:
(a) 200 hours in the fundamental theory
and practice of massage and
bodywork therapy that is designed to
produce comprehensive entry-level
skills in the application of direct
manipulation to the soft tissues of the
human body, and is based in
therapeutic methods consistent with
the definition set forth in G.S. 90-
622(3) such as swedish massage,
acupressure, shiatsu, deep muscle
massage, trigger point therapy, and
connective tissue bodywork. Of the
200 hours in this category, at least
100 hours shall be in the application
of hands-on methods; the balance of
such hours shall include client
assessment skills, indications and
contraindications for treatment, body
mechanics, draping procedures,
standard practices for hygiene and
control of infectious diseases, and the
history of massage and bodywork
therapy;
(b) 100 hours in anatomy and physiology
related to the practice of massage and
bodywork therapy, that shall include
the structure and function of the
human body and common
pathologies;
(c) 15 hours in professional ethics, and
North Carolina laws and rules for the
practice of massage and bodywork
therapy;
(d) 15 hours in business management
practices related to the practice of
massage and bodywork therapy;
(e) 20 hours in psychology related to the
practice of massage and bodywork
therapy, including dynamics of the
client/therapist relationship,
professional communication skills,
the mind-body connection, and
boundary functions; and
(f) 150 hours in other courses related to
the practice of massage and
bodywork therapy; such courses may
include additional hands-on
techniques, specific applications,
adjunctive modalities, in-depth
anatomy and physiology, kinesiology,
psychology, movement education, or
supervised clinical practice. First Aid
or CPR shall not be included in this
category. Techniques that are
considered exempt from licensure
pursuant to G.S. 90-624(6) or (7), and
that are further defined by Rule
.0203(a), herein, shall not be included
in this category.
(3) For programs that include a student clinic or
fieldwork experiential component, such hours
shall not exceed 100 hours of the minimum
requirement set forth in Paragraph (2)(f) of
this Rule, All such work shall be directly
supervised and evaluated by an instructional
staff member;
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18:15 NORTH CAROLINA REGISTER February 2, 2004
1240
(4) For programs that include an externship
component, such hours shall not be included in
the requirements set forth in Paragraph (2) of
this Rule, and shall not comprise more than
20% of the total program hours. All such work
shall be supervised by a person at the
externship site who is acceptable to the school,
and shall be monitored and evaluated by the
school.
(5) Programs shall consist of a series of courses
that are organized in a logical sequence, and
that are consistent with the educational
objectives. Sequential organization means that
within a course, each class prepares students
for the next class; overall, each course gives
students the skills and knowledge necessary
for the next course. Material is not presented
unless students have the necessary skills and
knowledge to utilize that material safely and
effectively;
(6) Course titles shall match the content of the
course; published course descriptions shall
accurately reflect the specific learning
objectives of each course; sufficient hours are
allotted to each course to allow students to
gain competence in the subject areas covered;
(7) A course curriculum is developed for each
course, that shows the basic content of each
individual class in the course, in the sequence
presented;
(8) Course requirements and competencies are
consistent from instructor to instructor.
Teaching materials, including detailed lesson
plans, are developed and maintained for each
course to ensure such consistency. Teaching
methods are appropriate to course content, and
to diverse learning styles;
(9) Programs shall be at least 24 weeks in length,
with no more than 9 instructional hours in one
day. There shall be no more than 2 hours of
instruction without a break. There shall be no
more than 4 hours of instruction without a
meal break;
(10) For a student to receive credit in a course, the
school shall require students to attend no less
than 75% of the instructional hours, and to
make up all missed instructional hours
according to the procedures established by the
school;
(11) A syllabus shall be developed for each course,
and provided to students prior to the beginning
of instruction. The syllabus shall include the
following elements: course title, course
description, learning objectives, teaching
methodologies, total number of instructional
hours, meeting dates and class times,
assignments, textbooks, evaluation methods,
quiz and examination dates, and performance
standards;
(12) For post-secondary institutions, courses that
fulfill the requirements set forth in Paragraph
(2) of this Rule shall support the program in
massage and bodywork therapy. Courses in
addition to these requirements may include
courses from other departments or programs
that are relevant to the practice of massage and
bodywork therapy; and
(13) For classes that involve hands-on practice, the
student to instructor ratio shall not exceed 16
to 1. Both instructors and teaching assistants,
as defined in Rule .0602 of this Section, shall
be considered in calculating these ratios.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0619 STUDENT RECORDS AND
ACADEMIC PROGRESS
(a) The school shall maintain current, complete, and accurate
records on each student. Such records shall show attendance,
academic progress, grades, date entered, dates attended, courses
studied, program completed, and date of graduation.
(b) Records shall be maintained in perpetuity, shall be stored in
such a manner as to ensure their confidentiality, and shall be safe
from theft, fire, or other possible loss.
(c) Students and graduates shall be allowed access to their
records. Transcripts shall be released upon written request from
students and graduates.
(d) All school policies, including those relating to satisfactory
attendance, academic progress, and conduct shall be enforced by
the school. Students shall be notified when completion standards
are not being met.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0620 EDUCATIONAL CREDENTIAL
ISSUED; GRADUATES' PASS RATE ON NATIONAL
EXAMINATIONS
(a) Upon completion of the program, the student shall be given
a certificate, diploma, or degree stating that the educational
requirements have been met and the program has been
successfully completed.
(b) Such credentials are only granted to students who have
completed the entire program for which the student enrolled.
(c) The school shall authorize agencies that conduct national
certification examinations that are accepted by the Board as
meeting the requirement of G.S. 90-629(5) to report directly to
the Board the pass rate of the school's graduates on such
examinations.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0621 LEARNING RESOURCES
The school shall provide sufficient learning resources to students
and instructional staff to support the educational objectives of
the program as follows:
(1) The school shall maintain a library or resource
center that contains books, periodicals, and
other informational materials in the field of
massage and bodywork therapy. As an
alternative, the school may have a contractual
agreement with another facility to provide
access to such resources; and
PROPOSED RULES
18:15 NORTH CAROLINA REGISTER February 2, 2004
1241
(2) All other resources, such as charts, models, or
videotapes, shall be maintained in good
condition.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0622 STANDARDS OF
PROFESSIONAL BEHAVIOR
(a) The following standards of professional behavior shall apply
to instructional staff, administrative staff and students:
(1) Conduct shall be in accordance with Standards
of Practice set forth in Section .0500 of this
Chapter.
(2) Nudity is not permitted where massage and
bodywork therapy is taught or practiced. For
the purpose of this section, "nudity" is defined
as exposure of the genital or anal area for men
or women, or the breast area for women. The
only exception shall be for treatment to the
breast area while utilizing therapeutic
techniques; and
(3) The school shall provide a private area where
persons receiving therapeutic treatments may
dress or undress, whether for in-class practice
or treatments performed in a student clinic. As
an alternative, the school may provide
instruction to persons receiving therapeutic
treatments in the procedure of undressing
while on the treatment table under a full sheet
covering.
(b) The requirements of this Rule shall apply to all school
facilities, as well as any other location where staff or students
are demonstrating or delivering therapeutic treatments as a part
of course requirements.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0623 SCHOOL COMPLAINT POLICY
The school shall administer an internal complaint policy for
students and staff, and shall maintain a complaints file that
provides the following information:
(1) Person(s) filing complaint and date filed;
(2) Nature of complaint and person(s) involved;
(3) Response(s) to complaint by school; and
(4) Resolution of complaint.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0624 STUDENT COMPENSATION
PROHIBITED
A student enrolled in a Board-approved school shall not receive
a fee or other consideration for the massage and bodywork
therapy they perform while completing clinical requirements for
graduation, whether or not the school charges a fee for services
provided in a student clinic.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0625 TRANSFER OF CREDIT;
ADVANCED PLACEMENT
(a) A school shall not grant transfer credit from another
institution unless the following standards are met:
(1) The school from where credit is being
transferred shall be licensed or approved by
the educational licensing authority in the state
in which it operates, or be exempt by statute;
(2) The school from where credit is being
transferred shall provide an official transcript;
(3) Courses for which credit is granted shall be
parallel in content and intensity to the courses
presently offered by the school; and
(4) Documentation of previous training shall be
included in each student's permanent file.
(b) A school may only grant advanced placement to a student,
or exempt the student from curriculum requirements, based on
the student's performance on an examination that the school
administers to determine competency in that subject area. Such
advanced placement or exemption shall not exceed 35% of the
total number of hours in the program.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0626 ETHICAL REQUIREMENTS IN
ADVERTISING
The following requirements pertain to all advertising and
promotional activities conducted by, or on behalf of the school,
including such medi